Some smaller social media platforms are considering avoiding the UK altogether due to the strict demands of the Online Safety Act, a legal expert has warned. The legislation, which aims to crack down on harmful online content and is overseen by Ofcom, could see platforms fined up to £18 million or 10% of global turnover if they fail to comply.
Hayley Brady, partner and head of media at international law firm Herbert Smith Freehills, said she had already spoken to people working within smaller platforms who had actively decided against entering the UK market to avoid the risk of facing penalties.
Speaking to the Press Association, Ms Brady said: “The person I spoke to (inside a social media firm) said ‘there is no way our founder will do anything, he wants everything to be out there, and we will not do it, we will not stop anything’. I was surprised—I asked about removing illegal content, and they said ‘no, no, no – we’re not having that. We just won’t come to the UK’. And that’s exactly what they did.”
Her comments come amid growing tension between British lawmakers and global tech companies over tightening digital regulation. The Online Safety Act, which began rolling out in stages earlier this year, gives Ofcom the authority to impose significant financial sanctions and, in extreme cases, block access to platforms failing to meet the UK’s safety requirements.
The law is designed to make the internet a safer space, especially for children, by forcing companies to address illegal content and take proactive steps in curbing harmful material. However, critics—particularly in the United States—have voiced concerns that such rules infringe upon free speech and are disproportionately targeted at American tech firms.
With Donald Trump’s return to the White House, some tech firms have shifted their stance on regulation, especially regarding freedom of expression. Many are now seeking political cover to resist compliance with increasingly stringent regulations, both in the UK and across Europe.
Ms Brady noted the regulatory climate has become far more politicised than it once was. “It wasn’t so controversial before, and now it seems bizarre that it’s become so controversial, but that is where we are in the world,” she said. “How hard will Ofcom go in what’s now a very political area? That remains to be seen.”
While Ms Brady does not believe major platforms like Meta or TikTok will pull out of the UK market, she acknowledged they are growing more frustrated by the patchwork of digital regulations across Europe. Companies like Apple and Meta have already faced multi-billion euro penalties under the European Union’s new Digital Markets Act (DMA), and there are fears similar consequences could follow under the UK’s regime.
Under the Online Safety Act, Ofcom’s enforcement powers are robust. They include fines up to £18 million or 10% of a firm’s global turnover—potentially amounting to billions for the largest players. “If people don’t comply with it, [Ofcom is] going to have to enforce it,” Ms Brady added. “Otherwise it looks ridiculous.”
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Last month, Ofcom published a new set of codes of practice for how platforms must protect children online. Its chief executive, Dame Melanie Dawes, confirmed that some smaller platforms have already begun “geo-blocking” the UK to avoid legal exposure.
“We’ve seen some companies choosing to step away from the UK market rather than risk facing enforcement for hosting harmful or illegal content,” Dame Melanie said at the time.
A government spokesperson from the Department for Science, Innovation and Technology defended the act, saying: “The online world is not a law-free zone. Platforms which host illegal content like racism, extremism, or which glorify violence have no place in our society.”
“Free speech is the lifeblood of our democracy, but the UK’s online safety laws are clear: the internet is not a haven for those seeking to sow division in our communities, or for those who enable them.”
As the regulatory environment in the UK becomes firmer, the decision for tech firms—especially smaller ones—will be whether to comply, adapt, or avoid the British market entirely.
